Sitting in quarantine hotel with an expired visa

amrrahmed · Post by **amrrahmed** » Tue Jun 29, 2021 11:19 am

HI EVERYONE,

I HAVE APPLIED FOR EEA FAMILY PERMIT LAST YEAR IN SEPTEMBER 2020. IT GOT REFUSED . I APPEALED AND I WON THE APPEAL.

IN APRIL THEY ASKED ME TO SUMBIT MY PASSPORT WHICH I DID AND I RECEIVED MY PASSPORT YESTERDAY 28JUNE . THE VISA IS ONLY VALID FOR 30TH JUNE.

I HAVE BOOKED TICKET HOTEL TO THE UK.

BUT NOW I AM CONFUSED WHAT TO APPLY NEXT. CAN I APPLY FOR EU SETTLEMENT SCHEME ? WILL THEY LET ME IN UK ? CAN I STILL APPLY FOR EU SETTLEMENT SCHEME AFTER 30TH JUNE ? AND AS A EXTENDED FAMILY MEMBER ?

PLEASE ITS VERY URGENT .

I APPRECIATE YOUR HELP

alterhase58 · Post by **alterhase58** » Tue Jun 29, 2021 12:47 pm

If you have a EUSS family permit you will be able to enter the UK even after 30 June.
The 30 June deadline is for people in the UK already. You apply for pre-settled status as soon as you have entered the UK.

kamoe · Post by **kamoe** » Tue Jun 29, 2021 4:22 pm

alterhase58 wrote: ↑
Tue Jun 29, 2021 12:47 pm
If you have a EUSS family permit you will be able to enter the UK even after 30 June.

The OP has a EEA FP not a EUSS FP, so if they do not use it before tomorrow midnight, they won't be able to enter the UK.

The 30 June deadline is for people in the UK already.

It is also the deadline to enter the UK on EEA FP, which the OP has.

You apply for pre-settled status as soon as you have entered the UK.

Correct.

kamoe · Post by **kamoe** » Tue Jun 29, 2021 4:51 pm

amrrahmed wrote: ↑
Tue Jun 29, 2021 11:19 am
I HAVE BOOKED TICKET HOTEL TO THE UK.

When exactly do you land in the UK?

BUT NOW I AM CONFUSED WHAT TO APPLY NEXT. CAN I APPLY FOR EU SETTLEMENT SCHEME ?

Good question. On it's face... seems like... you can't... As per the EU Settlement Scheme Caseworker Guidance:

Extended family members could apply if they arrived before December 31st 2020.
After December 31st 2020, only direct family members can apply as joining family members.

https://assets.publishing.service.gov.u ... gov-uk.pdf (see page 17, see how extended family members are on the list if arrived before Dec 31st 2020, and no longer on the list if arrived after Dec 31st 2020 also known as "joining family member")

Family member of a relevant EEA citizen
As set out in the definition in Annex 1 to Appendix EU of ‘family member of a
relevant EEA citizen’, the categories of family member of a relevant EEA citizen who
can apply are:
• spouse
• civil partner
• durable partner (unmarried partnership akin to marriage or civil partnership)
• child, grandchild or great-grandchild (including of the spouse or civil partner)
Page 18 of 204 Published for Home Office staff on 21 May 2021
• dependent parent, grandparent or great-grandparent (including of the spouse or
civil partner)
• dependent relative (including, in some cases, of the spouse or civil partner)
A person can also apply:
• on the basis of retaining the right of residence: see a family member who has
retained the right of residence
• as a person with a derivative right to reside
• as a person with a Zambrano right to reside
• as a family member of a qualifying British citizen
To apply under the family member of a relevant EEA citizen provisions, an applicant
must have been resident by 11pm GMT on 31 December 2020 on a basis which met
the definition of ‘family member of a relevant EEA citizen’ in Annex 1 to Appendix EU
and thereafter not have broken the continuity of their residence.

Joining family member of a relevant sponsor
As set out in the definition in Annex 1 to Appendix EU of ‘joining family member of a
relevant sponsor’, the categories of joining family member of a relevant sponsor who
can apply are:
• spouse
• civil partner
• specified spouse or civil partner of a Swiss citizen
• durable partner (unmarried partnership akin to marriage or civil partnership)
• child, grandchild or great-grandchild (including of the spouse or civil partner)
• dependent parent, grandparent or great-grandparent (including of the spouse or
civil partner)

WILL THEY LET ME IN UK ?

That's anyone's guess. If you land before tomorrow midnight they could in theory let you in... for one day / a few hours, since your EEA FP will be valid, but won't be valid after June 30th 2021. They might also not let you in precisely on that basis. What's your nationality? Do you usually need a visa to enter the UK?

CAN I STILL APPLY FOR EU SETTLEMENT SCHEME AFTER 30TH JUNE ? AND AS A EXTENDED FAMILY MEMBER ?

Seeing what I just shared above, on the face of it, I believe not, I'm afraid. At least not in a straightforward way.

Now... there might be a chance of a long-term positive outcome on the fact you didn't have your Family Permit last year due to a HO error (you won an appeal after all). But I gather that won't materialise in the short term, with both the UK border official letting you in, and the caseworker accepting your application.

I'm sorry to say this looks like a really edge case of someone having fallen through the cracks! Seeking immediate professional legal advise is not unwise.

amrrahmed · Post by **amrrahmed** » Wed Jun 30, 2021 10:44 pm

Thank you everyone for the replies.

They have let me in the UK . And I am quarantining in a hotel now.

I spoke to an employee who works at EU settlement scheme centre and asked for guidance. And she said I can't apply for pre settled status. They are not accepting applications from extended family members after 31st December 2020.

What else can I apply now? My visa is expired.

My visa was valid from 8th June - 30th June 2021. They should have given me at least 6 months visa ???

And I received my passport on the 28th June from visa application centre and 30th June I entered UK . What can I do now . I feel so lost .

I would appreciate if someone can help .

Some details about my sponsor she is Europpian national with settled status. She has been financially helping me. She is in employment.

amrrahmed · Post by **amrrahmed** » Wed Jun 30, 2021 11:00 pm

Hi All,

I made an EEA family permit as an extended family member last year september 2020 which got refused . Then I made an appeal which I won ... In April 2021 I submitted my passport at VAC. I got my passport back on 28 th June 2021.

My visa was valid from 8th June - 30th June

I arrived in the UK on the 30th June. I am quarantining in a hotel now. I called settlement scheme centre and they said they are not accepting new application from extended family members after 31 December 2020.

But I still made an application for pre settled status.

What can I do now. I am so lost . Paid £3000 for flight and hotel . And now I am sitting in a hotel with an expired visa ? Who should I contact ? What are my other options ? Can I get an visa extension ?

I would appreciate your help

Thanks

Obie · Post by **Obie** » Wed Jun 30, 2021 11:02 pm

You should apply for settlement.

amrrahmed · Post by **amrrahmed** » Wed Jun 30, 2021 11:04 pm

Obie wrote: ↑
Wed Jun 30, 2021 11:02 pm
You should apply for settlement.

Thanks for your reply.

I have made an application for EU settlement scheme. But they lady said I won't be granted one .

Petranile · Post by **Petranile** » Thu Jul 01, 2021 5:26 am

Yes, its good you applied as you initially made your application prior to the 31st of December deadline. In any case, if they refuse, you can appeal.
They should accept it as an exceptional case. Did you include your appeal decision as part of your evidence, to the reason why you are applying late?

amrrahmed · Post by **amrrahmed** » Thu Jul 01, 2021 4:59 pm

Petranile wrote: ↑
Thu Jul 01, 2021 5:26 am
Yes, its good you applied as you initially made your application prior to the 31st of December deadline. In any case, if they refuse, you can appeal.
They should accept it as an exceptional case. Did you include your appeal decision as part of your evidence, to the reason why you are applying late?

no i havent uploaded any evidence yet. how much time do i have to upload evidence ? but i will include the appeal decision as evidence. apart from settled status can i apply for anything else ? i am sooo stressed now . sitting here alone in quarentine hotel. homeoffice should not have given me visa if they stopped pre settled status for extended family members after 31 december deadline. dont you think ?

thank for your help

Petranile · Post by **Petranile** » Thu Jul 01, 2021 5:45 pm

Try and upload them before you biometric appointment.

Upload the following documents;

1) copy of your entry stamp page in your passport
2) copy of sponsor ID
3) evidence of sponsor's residence i.e letter or address document
3) proof of previous financial support i.e. money transfer receipts
4) appeal judge's decision

So, you can upload these for now. Were you asked to book biometric appointment?

amrrahmed · Post by **amrrahmed** » Thu Jul 01, 2021 10:34 pm

Petranile wrote: ↑
Thu Jul 01, 2021 5:45 pm
Try and upload them before you biometric appointment.

Upload the following documents;

1) copy of your entry stamp page in your passport
2) copy of sponsor ID
3) evidence of sponsor's residence i.e letter or address document
3) proof of previous financial support i.e. money transfer receipts
4) appeal judge's decision

So, you can upload these for now. Were you asked to book biometric appointment?

Thank you very much for your help. May God bless you

.

Yes I have booked my biometrics for 13th July.

Shall I call home office and explain the situation. Or shall I wait for refusal thn appeal ? What do u suggest. And how long can I stay here in UK without visa ? Do I need to apply for extension ?

Thanks

Petranile · Post by **Petranile** » Fri Jul 02, 2021 8:12 am

No, do not call HO as the person you would speak to would not be the allocated caseworker. Every case is different. When you complete your biometric, the Home Office will send you COA which can be used to confirm your status until a final decision has been made on your pre settle application.

You can stay here until the final decision is made, and if refused, you can appeal the decision.

At the moment, you got an active application so you have not overstayed after the 30th of June.

euspouse07 · Post by **euspouse07** » Fri Jul 02, 2021 10:14 am

amrrahmed wrote: ↑
Thu Jul 01, 2021 10:34 pm

Petranile wrote: ↑
Thu Jul 01, 2021 5:45 pm
Try and upload them before you biometric appointment.

Upload the following documents;

1) copy of your entry stamp page in your passport
2) copy of sponsor ID
3) evidence of sponsor's residence i.e letter or address document
3) proof of previous financial support i.e. money transfer receipts
4) appeal judge's decision

So, you can upload these for now. Were you asked to book a biometric appointment?
Thank you very much for your help. May God bless you .

Yes, I have booked my biometrics for 13th July.

Shall I call the home office and explain the situation. Or shall I wait for refusal then appeal? What do u suggest? And how long can I stay here in the UK without a visa? Do I need to apply for an extension?

Thanks

Dear Curious fellow

You are not the only one in this situation. You should consider yourself lucky to enter the United kingdom within the time frame. I am sure it must be a very hectic and expensive process.

Now to your query, It states very clearly on the home office website that Family members(EEA permit holders) of EEA national can apply within 90 days for the EU settlement scheme if they enter the United Kingdom after 1st April 2021. In your case, as you entered on the 30th June 2021, you are within the required time frame as the deadline in your case is 29 September 2021.
I would love to be corrected by forum members/moderators/experts.
Thanks

kamoe · Post by **kamoe** » Fri Jul 02, 2021 11:11 am

euspouse07 wrote: ↑
Fri Jul 02, 2021 10:14 am
It states very clearly on the home office website that Family members(EEA permit holders) of EEA national can apply within 90 days for the EU settlement scheme if they enter the United Kingdom after 1st April 2021. In your case, as you entered on the 30th June 2021, you are within the required time frame as the deadline in your case is 29 September 2021.

The OP is an extended family member, and their difficulty is that deadlines for extended family members are more strict. What you mention does not remove that constraint. It is only addressing the deadline to apply, not the added deadline of UK residency prior to December 31st 2020.

But as we already said, it looks like this will go through an appeal, so even though strictly speaking it looks like they will have difficilty in their first application, not all hope is lost.

kamoe · Post by **kamoe** » Fri Jul 02, 2021 12:28 pm

amrrahmed wrote: ↑
Tue Jun 29, 2021 11:19 am
I HAVE APPLIED FOR EEA FAMILY PERMIT LAST YEAR IN SEPTEMBER 2020. IT GOT REFUSED . I APPEALED AND I WON THE APPEAL.

Just realised that actually you might also have the protection of the withdrawal agreement. I think those who applied for a EEA FP before December 31st 2020 (regardless of date of issue of FP, and probably regardless of date of entry) will have their rights protected, as Obi explains here.

amrrahmed · Post by **amrrahmed** » Sat Jul 03, 2021 10:07 am

kamoe wrote: ↑
Fri Jul 02, 2021 12:28 pm

amrrahmed wrote: ↑
Tue Jun 29, 2021 11:19 am
I HAVE APPLIED FOR EEA FAMILY PERMIT LAST YEAR IN SEPTEMBER 2020. IT GOT REFUSED . I APPEALED AND I WON THE APPEAL.
Just realised that actually you might also have the protection of the withdrawal agreement. I think those who applied for a EEA FP before December 31st 2020 (regardless of date of issue of FP, and probably regardless of date of entry) will have their rights protected, as Obi explains here.

thank you very much for your reply. i appreciate it. is the protection of the withdrawal agreement even for extended family members ? i couldnt find it ? please let me know. thank you . i appreciate your help bro. God bless you .

kamoe · Post by **kamoe** » Sat Jul 03, 2021 12:46 pm

amrrahmed wrote: ↑
Sat Jul 03, 2021 10:07 am
is the protection of the withdrawal agreement even for extended family members ? i couldnt find it ? please let me know. thank you .

Yes. There is a specific paragraph that specifies the case of EFM:

As per Withdrawal agreement, page 23:

Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of
Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the
transition period, and whose residence is being facilitated by the host State in accordance with its
national legislation thereafter.

Persons under point (a) and (b) of Article 3(2) of Directive 2004/38/EC are Extended Family Memembers, a) being depended EFM, b) being unmarried partners:

(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.

amrrahmed · Post by **amrrahmed** » Sat Jul 03, 2021 5:01 pm

kamoe wrote: ↑
Sat Jul 03, 2021 12:46 pm

amrrahmed wrote: ↑
Sat Jul 03, 2021 10:07 am
is the protection of the withdrawal agreement even for extended family members ? i couldnt find it ? please let me know. thank you .
Yes. There is a specific paragraph that specifies the case of EFM:

As per Withdrawal agreement, page 23:

Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of
Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the
transition period, and whose residence is being facilitated by the host State in accordance with its
national legislation thereafter.
Persons under point (a) and (b) of Article 3(2) of Directive 2004/38/EC are Extended Family Memembers, a) being depended EFM, b) being unmarried partners:

(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.

THANK YOU VERY MUCH. APPRECIATE IT.

SHOULD I MENTION THE ABOVE IN THE COVER LETTER OR THEY SHOULD BE AWARE OF THIS . WHAT DO U RECOMMEND .

THANK YOU AGAIN.

amrrahmed · Post by **amrrahmed** » Mon Jul 05, 2021 11:55 am

kamoe wrote: ↑
Sat Jul 03, 2021 12:46 pm

amrrahmed wrote: ↑
Sat Jul 03, 2021 10:07 am
is the protection of the withdrawal agreement even for extended family members ? i couldnt find it ? please let me know. thank you .
Yes. There is a specific paragraph that specifies the case of EFM:

As per Withdrawal agreement, page 23:

Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of
Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the
transition period, and whose residence is being facilitated by the host State in accordance with its
national legislation thereafter.
Persons under point (a) and (b) of Article 3(2) of Directive 2004/38/EC are Extended Family Memembers, a) being depended EFM, b) being unmarried partners:

(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.

it says "who have applied for facilitation of entry and residence before the end of the
transition period."
and transition period is 31/12/2020 if i am not wrong.
even though i arrived after it . does this apply to me ?

please let me know

kamoe · Post by **kamoe** » Mon Jul 05, 2021 12:37 pm

amrrahmed wrote: ↑
Mon Jul 05, 2021 11:55 am
it says "who have applied for facilitation of entry and residence before the end of the
transition period."
and transition period is 31/12/2020 if i am not wrong.

Correct, the transition period ended on December 31st 2020.

even though i arrived after it . does this apply to me ?

Nothing specifies a specific mandatory arrival date, only application date before the transition period ended.

euspouse07 · Post by **euspouse07** » Fri Aug 06, 2021 9:38 am

amrrahmed wrote: ↑
Mon Jul 05, 2021 11:55 am

kamoe wrote: ↑
Sat Jul 03, 2021 12:46 pm

amrrahmed wrote: ↑
Sat Jul 03, 2021 10:07 am
is the protection of the withdrawal agreement even for extended family members ? i couldnt find it ? please let me know. thank you .
Yes. There is a specific paragraph that specifies the case of EFM:

As per Withdrawal agreement, page 23:

Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of
Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the
transition period, and whose residence is being facilitated by the host State in accordance with its
national legislation thereafter.
Persons under point (a) and (b) of Article 3(2) of Directive 2004/38/EC are Extended Family Memembers, a) being depended EFM, b) being unmarried partners:

(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.

it says "who have applied for facilitation of entry and residence before the end of the
transition period."
and transition period is 31/12/2020 if i am not wrong.
even though i arrived after it . does this apply to me ?

please let me know

Hi there
Assuming you have provided the biometrics, have you received the COA(certificate of application ).
Any other progress in your application.
Thanks

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Sitting in quarantine hotel with an expired visa

URGENT-EEA family permit expiring on 30th june 2021

Re: URGENT-EEA family permit expiring on 30th june 2021

Re: URGENT-EEA family permit expiring on 30th june 2021

Re: URGENT-EEA family permit expiring on 30th june 2021

Re: URGENT-EEA family permit expiring on 30th june 2021